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(영문) 광주지방법원 순천지원 2015.09.24 2015고합57

성폭력범죄의처벌등에관한특례법위반(장애인강간)등

Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

(e).

Reasons

Criminal facts

Defendant

In addition, the person subject to a request for attachment order (hereinafter referred to as the "defendant") is the relative of the victim C (n, 19 years of age) with intellectual disability 2.

1. On August 8, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) went to the victim who is being married at the bottom of the mother of the Defendant located in Da in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun.

The Defendant: (a) dumped the victim’s shoulder “Is off the clothes”; (b) dumped the victim’s clothes with the victim refusing to do so; and (c) dumped the victim’s clothes by forcing him to do so; (d) fump the victim’s chest; and (e) inserted the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant raped the victim who is the disabled.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of Persons with Disabilities) asked the victim who reported television by taking a part in a brue room at the bottom of the mother of the Defendant, who was in the front-mastic group D, at the center of the mother of the Defendant, who was in the front-mathic group D, from September 2014, the victim was able to talk and kid the chest of the victim who rejected

Accordingly, the defendant committed an indecent act against the victim who is a disabled person.

Summary of Evidence

1. C’s legal statement;

1. Application of statutes on certificates of persons with disabilities and certificates of disability examinations;

1. Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Specific Crimes, Article 297 of the Criminal Act, Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and Article 298 of the Criminal Act;

1. Aggravation of concurrent crimes under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes with disabilities prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. There is no previous sex offense before the instant case against the Defendant exempted from the disclosure order and notification order.